Multistate Professional Responsibility Exam Practice Question
Briana, an attorney, includes a clause in her representation agreement that reduces her exposure for negligence. She does not advise the client to seek outside counsel. Which statement best addresses the enforceability of that clause under professional responsibility guidelines?
It is valid when the client reads the agreement and signs it voluntarily
It is acceptable if the attorney has seasoned experience and the client later confirms satisfaction with the representation
It is authorized by the bar association after a summary review of the retainer terms
It is permitted if the client obtains guidance from a lawyer who is not affiliated with the attorney proposing the limitation
Under many ethics rules, disclaimers or limitations on a lawyer's liability for malpractice are subject to conditions that often require the client to have independent representation. The correct statement addresses that an attorney may propose to limit liability if the client is represented by another lawyer regarding that limitation. Another answer incorrectly states disclaimers are valid if the client consents without representation, which is not permitted in these circumstances. Another answer incorrectly relies on the lawyer's experience or bar approval, which does not validate disclaimers in the agreement. Another answer incorrectly states disclaimers are automatically enforceable, which is not accurate.
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Multistate Professional Responsibility Exam
Competence, legal malpractice, and other civil liability